Ex-CJ Khairul's detention example of extreme politicisation that's overwhelming justice system: David Bergman
British journalist David Bergman has described the detention of former chief justice ABM Khairul Haque as an example of the extreme politicisation that, he said, is overwhelming Bangladesh's criminal justice system.
In a Facebook post today (26 July), Bergman wrote that the government was either complicit in or turning a blind eye to this politicisation.
He said the detention lacked legal or factual justification, and called it a violation of due process and an attack on judicial independence.
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The former chief justice is among the accused in a murder case filed over the killing of Jubo Dal activist Abdul Kaiyum, who died during a demonstration in Jatrabari on 18 July 2024 amid protests led by the Anti-Discrimination Student Movement.
Referring to the case, Bergman wrote that there was no evidence linking Khairul Haque to the incident, and accused the authorities of arbitrary detention.
"The police who detained Haque, the senior officers who instructed them, and the magistrates who remanded him—along with every member of the interim government—know very well that there is no such evidence and that no evidence will surface in the future," he said.
He also alleged that the arrest was politically motivated, claiming it was "widely seen as retaliation" for Haque's 2011 verdict that declared the caretaker government system unconstitutional.
That ruling provided the Awami League with the legal basis to abolish it, and drew widespread criticism at the time.
Bergman said judicial decisions, however unpopular, should not be grounds for prosecution.
"To use a judicial decision as a pretext for a criminal case—let alone a murder charge to which he has no connection—is also a direct assault on the principle of judicial independence and the rule of law," he said.
He warned that such actions set a dangerous precedent, stating that while judges may be held accountable for crimes such as corruption, no such allegations or evidence exist in this case.
"Prosecuting a retired Chief Justice for an unpopular judicial opinion creates a chilling effect," he wrote.
Bergman concluded that if the authorities wish to retain any credibility in the process of accountability for the July–August killings, they must "immediately ensure that the former chief justice is released."
Notably, Khairul Haque was detained from his Dhanmondi residence on 24 July, the first time in the country's history that a former Chief Justice was taken into custody.
He was later taken to the office of the Detective Branch of Dhaka Metropolitan Police and produced before the Chief Metropolitan Magistrate's Court in Dhaka the same day.
During the hearing, the prosecution argued that, given Khairul Haque's former position and influence, there was a risk he might obstruct the investigation if released.
They therefore requested that he be kept in custody until the trial is concluded.
No defence lawyer appeared on the former chief justice's behalf during the hearing.
The court ordered his detention, noting that the defence did not file a bail petition and the prosecution had sought continued custody.
